HomeMy WebLinkAbout1999.1021.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
itury FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 21,1999
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,
Thursday, October 2151, 1999, in the Fountain Hills Town Hall Council Chambers located at 16836 E. Palisades Blvd.,
Building B,Fountain Hills,Arizona.
Mayor Morgan called the regular session of the Town Council to order.
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan,Vice Mayor Sid Apps,and Councilmembers Pen Mower,John Wyman,Al Poma and Sharon Hutcheson. The
following Councilmember was absent: Councilwoman Marianne Wiggishoff. Also present were Town Manager Paul
Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Acting Town Engineer Tom Ward, and Director of
Community Development Jeff Valder.
After the Invocation by Pastor Mark Derksen of the New Life Christian Fellowship Church,Mayor Morgan then read
the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 5,7
AND 13, 1999.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1999-50 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 206,
BLOCK 7, LOT 15 (12206 CHAMA DRIVE) AS RECORDED IN BOOK 147, PAGE 2 RECORDS OF
ftlibv MARICOPA COUNTY,ARIZONA. EA 99-22(JOHN BURNARD)
AGENDA ITEM#3 - CONSIDERATION OF A LOT SPLIT OF THE 2.7 ACRE LOT 14,BLOCK 9,FINAL
PLAT 203,AKA 11436 N.BARON DRIVE,INTO TWO(2)LOTS,CASE NUMBER S99-015.
AGENDA ITEM#4- CONSIDERATION OF THE FINAL PLAT FOR THE FIREROCK COUNTRY CLUB
PARCEL "J-2" SUBDIVISION,A 38.10 ACRE,31 LOT,6 TRACT SUBDIVISION CASE#S98-038.
AGENDA ITEM #5 - CONSIDERATION OF THE REIMBURSEMENT AGREEMENT BETWEEN THE
MARICOPA COUNTY SHERIFF'S OFFICE AND THE FOUNTAIN HILLS MARSHAL DEPARTMENT
FOR THE PURPOSE OF IMPLEMENTING THE UNIVERSAL HIRING PROGRAM.
AGENDA ITEM #6 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
BRUCE HOLBROOK FOR THE TEXACO STAR MART LOCATED AT 17125 EAST SHEA
BOULEVARD. THE APPLICATION REFLECTS THE CHANGE OF OWNERSHIP, NAME AND
INVOLVES REPLACING THE EXISTING CLASS 10 LICENSE WITH A NEW CLASS 10 LICENSE.
AGENDA ITEM#7- CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY EMBER
HARTSOCK FOR THE FIRST ASSEMBLY OF GOD CHURCH LOCATED AT 16239 EAST
IRONWOOD. THE REQUEST IS FOR A HALLELUJAH HOE DOWN TO BE HELD IN THE CHURCH
PARKING LOT ON SATURDAY, OCTOBER 30, 1999 FROM 3:00 P.M. TO 7:00 P.M. NO STREET
CLOSURES ARE REQUIRED.
AGENDA ITEM#8 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850
EAST AVENUE OF THE FOUNTAINS. THE LICENSE APPLICATION IS FOR A SCHOLARSHIP
FUNDRAISER TO BE HELD ON SATURDAY,OCTOBER 30,1999 FROM 9:00 A.M.TO 10:00 P.M.
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AGENDA ITEM #9 - CONSIDERATION OF THE APPLICATION FOR EXTENSION OF
PREMISE/PATIO PERMIT SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION
POST 58 LOCATED AT 16850 EAST AVENUE OF THE FOUNTAINS. THE LEGION IS REQUESTING
TO TEMPORARILY EXTEND THEIR LIQUOR LICENSE FOR A ONE-DAY TIME PERIOD ON
SATURDAY,NOVEMBER 6.
AGENDA ITEM#10- CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850
EAST AVENUE OF THE FOUNTAINS. THE LICENSE APPLICATION IS FOR A BUILDING
FUNDRAISER TO BE HELD IN CONJUNCTION WITH THE FALL FESTIVAL ON FRIDAY,
SATURDAY (9:00 A.M. TO 10:00 P.M.) AND SUNDAY (10:00 A.M. TO 10:00 P.M.), NOVEMBER 12
THROUGH 14, 1999.
Vice Mayor Apps MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion.
A roll call vote was taken with the following results.
Councilman Poma— aye
Vice Mayor Apps - aye
Councilman Wyman- aye
Councilman Mower- aye
Councilwoman Hutcheson- aye
Mayor Morgan - aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM #11 - PRESENTATION OF A PLAQUE OF APPRECIATION TO TOM FOX FOR HIS
,, SERVICE ON THE PLANNING AND ZONING COMMISSION.
Mayor Morgan presented a plaque of appreciation to Tom Fox for his work as a commissioner on the Planning and
Zoning Commission in 1999.
AGENDA ITEM#12-MONTHLY REPORT PRESENTED BY MAGISTRATE STUART SHOOB.
Magistrate Shoob presented a status report to the Town Council, which covered the last three months. He explained
the Court had new personnel and that they were training them in addition to the implementing new software and
hardware in the Court. He reviewed the quarterly report he had distributed to the Councilmembers. He stated the
statistics revealed the Court was busy but not running as many cases as in the previous year because they were now
hearing more criminal cases. He explained these cases took more time to complete.
Councilman Wyman asked about the increase in the number of cases filed in September of 1999 versus in September
1998 under the County Sheriff office for the year 1999 (254 cases filed year-to-date as opposed to the 142 cases filed
for the Fountain Hills Marshals' Department)roughly a ratio of 2 to 1. The prior year the ratio had been about 4 1/2 to
1. He asked if there was a reason for the wide difference.
Magistrate Shoob said it was evident that the Sheriffs officers were not writing the quantity of tickets as in the past.
On the basis of these numbers, the Sheriffs Department was writing about two tickets per shift during a month. He
acknowledged that they did not want to imply there was a quota system and confirmed there never would be a quota
system.
He said Marshal Gendler had one or two deputies in the field primarily working on traffic and they were not full-time
and it was these same deputies that were writing half again the number of ticket written by the Sheriffs Department
on any given month.
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Magistrate Shoob reviewed the statistics of the Marshals' Department pointing out they were up in the number of
tickets, which implied those officers were writing more tickets than they did before because they were finding more
violations. Councilman Wyman pointed out the same number of tickets were being written, but just the opposite of
the prior year. Magistrate Shoob acknowledged the Marshal's Department had picked up the slack that there might
have been. He used the analogy that the Court was like a business and that administration could be controlled but the
salesmen (officers)were not under the Court's control.
Vice Mayor Apps inquired if he knew what the call volume was, because if the Sheriff's officers were answering
more criminal complaints,that would tie them up. Magistrate Shoob said he was only able to provide the numbers to
the Council by what was filed in the Court. He confirmed the Marshals' Department answered non-criminal
complaints and said it wasn't known if their call volume had also increased. Magistrate Shoob stated the Marshal's
Department handled Town Code enforcement complaints and the Sheriffs Department didn't. Vice Mayor Apps
summarized the situation by stating if the calls were up in both departments and the Sheriffs Department was
answering more thefts, break-in, and alarms it was obvious they did not have the manpower to write the tickets.
Magistrate Shoob said the Court was hearing more misdemeanor and criminal traffic cases and those were generated
primarily by the Sheriffs Department though the Marshals' Department was also involved.
AGENDA ITEM #13 - CONSIDERATION OF FORMULATING A COMMITTEE TO EXAMINE AND
REVIEW VARIOUS TRAFFIC ISSUES AND CONDITIONS IN THE COMMUNITY AND REPORTING
BACK TO THE COUNCIL WITH POSSIBLE RECOMMENDATIONS.
Councilman Mower read his memo addressed to the Town Manager, which accompanied his request that this item be
placed on the agenda. He stated the committee would address the inconsistencies in the Town's traffic standards as
indicated by the Marshals' Department, which would help eliminate the confusion, prevent accidents, and prevent
injuries. He suggested the committee be comprised of the following individuals:
A member of the Marshals Department
A member of the Engineering Department
A member of the Town Council
A member of the Sheriffs Department
A member of the LEAP Organization
Councilman Mower MOVED that the Council establish a Traffic Standard Committee to study traffic standards and
make recommendations to the Town Council with a member from each of the following departments: Marshals',
Sheriffs,Engineering, LEAP, a Councilmember(for which he volunteered to be the attending Councilmember), and
private citizen BobYordy. Councilman Wyman SECONDED the motion. A roll call vote was taken with the
following results.
Vice Mayor Apps aye
Councilman Wyman aye
Councilman Mower aye
Councilwoman Hutcheson aye
Councilman Poma aye
Mayor Morgan aye
The motion CARRIED unanimously with a roll call vote.
AGENDA ITEM #14 - PUBLIC HEARING ON RESOLUTION 1999-51 AMENDING THE GENERAL
PLAN FOR THE NORTHWEST CORNER OF PALISADES BOULEVARD AND LAMONTANA DRIVE
BY CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM MF/M (MULTI-FAMILY
MEDIUM)TO C/R(GENERAL COMMERCIAL RETAIL), CASE NUMBER GPA99-02.
Mayor Morgan recessed the regular session and opened the public hearing at 6:46 p.m.
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Planning and Zoning Senior Planner Geir Sverdrup stated this was a request by Ashland Development to rezone the
two properties located between Almont Drive and La Montana Drive bordering Palisades Boulevard from the current
liow multi-family designation to general commercial retail. He stated the Planning and Zoning Commission had
unanimously recommended denial of this application.
He explained staff had come forward with a recommendation to approve because now the abutting landowners were
in support of this request. He said at the Planning and Zoning Commission meeting there had been two of the
landowners in support of this application and now all three abutting landowners were in support of this application.
He acknowledged the several letters of protest from the neighborhood. He stated when staff had evaluated the
request through the general plan,they found there were an even number of pros and cons associated with the request.
He explained staff had originally come forward with a neutral report, but because of the abutting landowner support
and some of the neighborhood support staff recommended the application should be approved. He displayed on the
overhead a map pinpointing the area in question, which also indicated those in support and opposition of the
application. He said the applicant was present if there were questions from the Council.
Councilman Wyman inquired if the letters of support adjacent to the area were from those who rented or owned the
homes. Mr. Sverdrup stated the letters of support were from property owners. Councilman Wyman asked if they
included people who lived there. Mr. Sverdrup responded they had verbal support from the tenants and he said the
applicant had met with the tenants as well as the landowners who directly abutted the property. He explained those
abutting this project would receive a 25' landscaped buffer between the two properties. Councilman Wyman said he
had noticed one major letter of support in the package was from a Scottsdale resident who owned the property, which
suggested to him it might be the tenants who would not be in agreement with the project. Whereas the letters from
the others from around town appeared to be duplicates, which made it appear to be an orchestrated attempt to
persuade the Council to approve this item. Mr. Sverdrup stated the applicant had resident supporters in the audience.
Councilman Poma asked if Engineering had concerns regarding the traffic and asked where would it be rerouted.
1/410, Mr. Sverdrup explained Engineering was requiring the entrances to be on La Montana and Palisades. Therefore,
driving the traffic to a route already receiving commercial traffic. He said there would not be an entrance onto
Almont, which was predominately a residential neighborhood. He stated Engineering did not have any comments in
regards to traffic as they felt with the access onto Palisades and La Montana the project would not have that great an
impact on the neighbors.
Councilman Poma inquired if the Marshals' Department had traffic concerns and then asked if there would be a
traffic light installed. Mr. Sverdrup confirmed there would be a single light signal at La Montana and Palisades, but
indicated Engineering would have to answer that question. Marshal Gendler responded that there had not been any
studies regarding the corner of La Montana and Palisades, but it would be the same type of situation now at the
corner of Palisades and Saguaro. Councilman Poma asked how far the driveway was to be from the intersection. Mr.
Sverdrup stated the site plan had not been specifically designed yet but Engineering Department would require a
minimum safety distance as required by their standards and he thought it would be 85 feet. He assured the Council
their site plan would meet the minimum standards for safety and site lines.
Councilman Poma asked how wide the lot was. Mr. Sverdrup said he did not have the exact dimensions of that lot.
Director Valder explained the property consisted of three separate lots. One of the future actions that the Town
Council would have to consider and approve would be the replatting of the three lots into one lot. At this time staff
was not sure how wide the lots were. He suggested the applicant could answer that question. Councilman Poma
asked how three lots could be joined without knowing where the driveway would be located. Director Valder said at
this point the question before Council was approving a request for a proposed zoning change. He acknowledged it
was difficult to make policy choices without knowing exactly what the project will look like. He pointed out
whatever kind of commercial project came before the Council, if and when the general plan was changed, and if and
when the zoning was changed,the project would conform to the Town's subdivision and zoning regulations.
Councilman Mower stated Council was being asked at this time to make a change to the general plan and if made
then the zoning and details of the project would come before the Council at a future meeting.
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Councilman Poma expressed concern for the residents and for those who were close to the proposed project as they
would be the most affected by the traffic and noise created by the project.
Councilwoman Hutcheson said it was her opinion that commercial zoning would fit there. She stated sometimes we
think residential zoning would always the best answer, but if we look at certain sites and regulations on residential
multi-family, we might find an instance where being surrounded by commercial, except for the back side, benefits
the community and the adjacent residents. She asked to hear those residents' opinions. She acknowledged the
change to the General Plan would be consistent with the area around it.
Shawn Lake
He stated he was speaking on behalf of the applicant. He explained they had worked with staff and neighbors to
assure a compatible project with the adjacent land uses. He outlined the project briefly stating there would be a 25'
landscaped buffer,the buildings for the most part would be limited to the 16' height to provide an open feeling, and it
would benefit the community to maximize the frontage use along Palisades for retail.
Keith Holiday, 15803 Eagle Rock Drive
He said he had been a property owner in Fountain Hills for 41/2 years and a resident for 3' years. He agreed the
development was reasonable and would compliment the surrounding area. He urged the Council to approve the
General Plan amendment and the accompanying ordinance to rezone the parcel.
Greg Amron, 13602 Cambria
He said he also spoke for the other three owners in his complex. He stated they opposed the rezoning and expressed
concern about the additional traffic and noise that it would bring as well as creating safety issues.
Ron Markot, 14924 E Myan Dr.
He said he had been a resident of Fountain Hills for twelve years and he was in favor of the rezoning because it
would be a better fit. He also said the sales tax revenue from the commercial would benefit the town.
Leslie Lepesto, 16624 Almont
She spoke for her Home Owners Association and stated all the units are owner occupied. They supported the change
in the General Plan stating the developer had worked hard to meet the needs of the neighborhood.
Gary Pagent, 17522 E Grande
He was in favor of changing the zoning to retail over a multi-family unit plan. He said the Town had a sufficient
number of multi-family units now and the retail would be in the best interests of the community.
Carl Combs, 14911 Marathon
He supported the change in the General Plan. He said the town had enough multi-family units. He stated the Town
did not have adequate retail in town.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:11 p.m.
AGENDA ITEM #15 - CONSIDERATION OF RESOLUTION 1999-51, AMENDING THE GENERAL
PLAN FOR THE NORTHWEST CORNER OF PALISADES BOULEVARD AND LAMONTANA DRIVE
BY CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM MF/M (MULTI-FAMILY
MEDIUM) TO C/R(GENERAL COMMERCIAL RETAIL),CASE NUMBER GPA99-02.
Councilman Mower MOVED to amend the General Plan as stated and Councilman Poma SECONDED the motion.
Councilman Wyman pointed out there was a considerable amount of commercial property vacant and available in
town, but said it was important not to include Plat 208, which was Town Center III, as that would be an integrated
retail area for pedestrian traffic built around a major anchor. He said there wasn't that much contiguous commercial
property that was now occupied.
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The motion CARRIED unanimously.
AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 99-29 REZONING THE NORTHWEST
CORNER OF PALISADES BOULEVARD AND LA MONTANA DRIVE BY CHANGING THE ZONING
CLASSIFICATION FROM "R-3" MULTI-FAMILY ZONING DISTRICT TO "C-2 P.U.D"
INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH A PLANNED UNIT DEVELOPMENT
RESTRICTING USES,AMENDING THE MAXIMUM BUILDING HEIGHT,AND SIGN REGULATIONS,
CASE NUMBER Z99-15.
Mayor Morgan recessed the regular session and opened the public hearing at 7:13 p.m.
Mr. Sverdrup stated this was the accompanying zoning case on the General Plan amendment just presented. He
stated at the request of Councilman Mower, Council had been provided with an updated PUD ordinance, which adds
in additional architectural controls. He explained the proposed PUD set the restrictions into place, which emulated
the Town Center Zoning District. This request would now match the General Plan designation. He stated the
restricted uses included an amusement arcade and any automotive uses. The applicant agreed to restrict regulations
on bars, hotels and motels, and a drive in window for a bank, which could only be allowed through the special use
permit process. He said with Council's approval of the General Plan amendment, staff recommended approval of the
commercial "C-2 PUD". He stated the Planning and Zoning Commission had recommended denial, but at that time
the project did not have the full support of the abutting landowners. He said the applicant was ready to make a
presentation if Council desired.
Councilman Mower stated he had requested that Section 9 be added, which stated that the building elevations shall
comply with the standards set forth in the master architectural design guidelines in the Town Center Commercial
Zoning District. He stated that he had talked with John Gilligan to confirm he was willing to adhere to those
guidelines. He said this action would help give the type of continuity that the Council wanted to have to the Town
Center.
Mayor Morgan closed the public hearing and reconvened the regular session at 7:17 p.m.
AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 99-29 REZONING THE NORTHWEST
CORNER OF PALISADES BOULEVARD AND LA MONTANA DRIVE BY CHANGING THE ZONING
CLASSIFICATION FROM "R-3" MULTI-FAMILY ZONING DISTRICT TO "C-2 P.U.D"
INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH A PLANNED UNIT DEVELOPMENT
RESTRICTING USES,AMENDING THE MAXIMUM BUILDING HEIGHT,AND SIGN REGULATIONS,
CASE NUMBER Z99-15.
Vice Mayor Apps MOVED to approve the rezoning as presented and Councilman Mower SECONDED the motion,
which CARRIED unanimously.
AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 99-31 AMENDING ARTICLE 12-2-2.0
TRAFFIC CONTROL DEVICES; SPEED LIMITS OF THE TOWN CODE OF THE TOWN OF
FOUNTAIN HILLS TO REDUCE THE SPEED LIMIT ON DEL CAMBRE AVENUE FROM GRANDE
BOULEVARD TO CALAVERAS AVENUE FROM 30 MPH TO 25 MPH.
Town Attorney Bill Farrell stated the staff report indicated the present 30 mph speed limit had been approved back in
August and after observation it was the opinion of the Town Engineering staff it should be reposted and reduced to
25 mph as reflected in Ordinance 99-31.
Councilman Wyman MOVED to amend Ordinance 99-31 and Councilman Mower SECONDED the motion.
Councilman Wyman stated he had driven the area to see if he was comfortable with the change and found it to
already be posted for 25 mph and he questioned staff as to why it was posted at the reduced mph before Council had
given their approval. Acting Town Engineer Tom Ward explained it had been an oversight on staffs part, which had
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Page 6 of 14
been brought to their attention by a resident who had read the newspaper article stating the street was to be 30 mph.
As the speed on the street should have been listed as 25 mph in the original ordinance, staff was requesting a
correction to the original ordinance.
The motion CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF A CHANGE ORDER TO INCREASE THE EMULSION
SEAL CONTRACT BY$68,000.
Mr. Ward stated staff was looking at a contract that would expire on November 19, 1999, with Domino Road
Coatings. He said staff would like to take advantage of a low price that was available. He said that in talks with the
contractor, they had indicated they would not be able to extend the contract as they had done in the prior years. The
contractor sited the price of oil as well as the situation of hourly rates for his employees as reasons. If Council
approved the change of order, there would be savings of$7,000 to $14,000 and staff would be able to complete the
northeast area by moving into what was staffs original proposed budget map. Staff recommended approval of the
change order to Domino Road Coasting in the amount of$68,000.
Councilman Poma MOVED to approve the increase in the emulsion seal contract and Vice Mayor Apps
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #20 - CONSIDERATION OF RESOLUTION 1999-52 ADOPTING THE
RECOMMENDATION OF THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION
COMMISSION AND ESTABLISHING ADDITIONAL LANDS FOR THE FOUNTAIN HILLS
MCDOWELL MOUNTAIN PRESERVE.
Mr. Farrell referred to a map the Council had received from the McDowell Mountain Preservation Commission
(MMPC), which prioritized what land should be acquired and the order of the acquisition to be placed into the
preserve. This map was displayed on the overhead. He said the resolution set forth eleven parcels as those the
Council would wish to add to the preserve if and when they would be able to obtain those parcels of land. The
resolution directed the Town Clerk to send a copy of the resolution to the landowners of record. In section three, the
resolution directed staff and MMPC to continue to provide the Council with information, suggestions, and programs
for both the acquisition and management of these lands. He stressed acquisition and indicated that the mere inclusion
of those parcels into the preserve area did not transfer the lands from their rightful owners to the Town. It merely
indicated that those were the recommendations of the MMPC. He stated staff was suggesting that the Council accept
their recommendation and so indicate to the property owner that those were the areas in which the Town were
interested in acquiring additional property for the purpose of preservation.
Town Manager Paul Nordin said he wanted to make it perfectly clear that if the Council did in fact agree with the
resolution, staff was not making the statement, nor should the Council or the public take it as an indication, that staff
had identified enough funding to acquire these parcels.
Councilman Mower stated the resolution did not commit the Council to purchase the land. Councilman Wyman
asked if the map would be displayed for the next resolution, as he would have a question related to the map on the
next agenda item. Mr.Farrell said it would be available.
Vice Mayor Apps MOVED to adopt the recommendations of the Fountain Hills McDowell Mountain Preservation
Commission and Councilman Poma SECONDED the motion, which CARRIED unanimously.
Roy Kinsey,Chairman of the MMPC; 17120 Fairway Court
He said approval of the resolution sets forth an action for all in the Town who had been working for preservation.
He said the resolution defined the preserve and allowed the MMPC to encourage additional routes of funding, such
as matching funds. He asked for their approval of the resolution.
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Councilman Wyman asked Chairman Kinsey to confirm that areas 1 — 11 set forth the acquisition priorities.
Chairman Kinsey agreed.
Jack Fraser,McDowell Park Association; 14956 E. Windy Hill
He said the resolution, although it did not address the issue of funding, he wanted to impress upon the Council the
MPA unanimously supported the plan and asked the Council to support the resolution.
Mark VanBoeckel,President of Committee to Preserve the Environment, Cabrillo Drive
He acknowledged now there was a goal and that the people had something they could visualize. Before when people
were told they would be spending their$6 million dollars, it wasn't really a public choice. It was land that was stuck
in a development agreement, which wasn't understood and they didn't know where it began or ended. Now there
was a list of things that for anyone who wanted to do the research,could be looked at. He stated although this was a
solid list, he felt Roy Kinsey would listen to anything anyone had to say. He said this plan was well done and he
realized the wisdom and the amount of time that had been put into it. He asked for a unanimous approval by the
Council.
Susan Ralph,President of Save the Mountains
She said Save the Mountains had gone on record favoring this plan and they urged the Council to adopt it. She said
drawing the boundaries was the first step. She also urged the Council to take step number 2, which was funding.
John Rezek, 15427 Sunridge
He said he had reviewed the plan and it was a good plan. He urged the Council to approve it. He stated it was a
well-balanced plan, which preserved views and provided for public access.
•
AGENDA ITEM #21 - CONSIDERATION OF RESOLUTION 1999-53 DECLARING A PUBLIC NEED
AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE TOWN
MANAGER,TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY
AND TO SIGN ANY AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN
ORDER TO ACQUIRE REAL AND/OR PERSONAL PROPERTY THROUGH GIFT, PURCHASE, OR
EMINENT DOMAIN; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE OR
OPEN AREAS; AND DECLARING AN EMERGENCY.
Mr. Farrell stated this resolution was similar to the previous resolution and was a duplication of an effort that the
Council had undertaken in the summer of 1989 in the acquisition of the 18.6 acre parcel. He said this area, which
connected the Town's two parcels that we do own, was Priority#1 on the recommendation list and he confirmed the
Town was in the process of acquiring this parcel. Parcel#2 on the priority list was indicated on the displayed map in
green.
He said this resolution was identical in content to the acquisition resolution of the 18.6 acres. He explained it
contained an emergency clause that would require the affirmative vote of six of seven members of the Council as he
acknowledged the absence of one of the Councilmembers. In order to become immediately effective, it would
require the majority vote of all six members. If there was not an affirmative majority vote of all six and only it
received four or five votes it would become effective in 30 days,if three or fewer members voted for it,the resolution
would never become effective.
He explained, although traditionally like the condemnation resolution, this resolution did specifically direct the staff
to attempt to acquire the property by gift, purchase, or eminent domain. He said purchase included a negotiated
purchase. He said the property would probably not be acquired through gifting at this time but purchase had not been
ruled out by this resolution. He said, if approved, staff would be adding this as a second count in the eminent domain
lawsuit. He acknowledged that the lawsuit had not been answered because the Council had directed staff to give an
open extension on that litigation and was not in litigation at this point in order to allow both sides the opportunity of
saving some costs, mostly in attorney and appraisal fees.
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Page 8 of 14
He said staff would continue that policy. He was unable to tell them what staffs estimate of the land value was
because of the litigious nature. The value estimates and legal strategies were those shared with the Council in
executive session. Mr. Farrell said he and the outside attorney Mr. Irwin, the Town Manager, and the Community
Development Director had spent a great deal of time discussing the acquisition of this parcel. The Town Manager
asked the Town Attorneys not to recommend this action to the Council if they did not feel the Town could acquire it
within our present funding sources. Mr. Farrell stated he was comfortable in recommending to the Council that the
land could be acquired within the present funding sources. He said although the question of additional funding from
the previous resolution had not answered about directing additional funds to be found or additional methods but the
attorneys felt comfortable with the resources on hand and would therefore recommend to the Council that they
unanimously adopt Resolution 1999-53.
Councilman Poma MOVED to approve Resolution 1999-53 as presented and Vice Mayor Apps SECONDED the
motion.
Councilman Mower pointed out the Council was considering the acquisition of 190 acres to be acquired along with
the 18.6 acres for a total of 208 acres. He reviewed that on July 1st, 1999 the Council had voted against acquiring
310 acres as part of the development agreement. He said that the 310 acres would have included all of the 208 acres
under consideration now with the exception of 30 acres (or approximately 10 lots) at a price of$20,000 per acre. He
said he would vote for the resolution and the emergency clause only because expedience now might cut the Town's
losses. But he could not forget this Council's unfortunate decision of last July.
Councilman Poma acknowledged he had been one who voted against the development agreement. He did not see
any losses and said the Town gained because now MCO could no longer rape the land and the Town had control of
how the land developed.
Councilman Wyman discussed the previous map and asked Director Valder to point out the western border of North
Heights. He acknowledged that there would be homes built by the developer under the plan presented by the
MMPC. He confirmed that like Councilman Mower and Councilwoman Wiggishoff, he had voted in favor of the
development agreement. He said he had found it to be a difficult decision and as a former member of the MMPC he
had a great respect for the commission. He stated he was also the chairman of the committee that had raised the $6
million to acquire land so he said his preservation credentials, along with those of the father of the Mower
Amendment Councilman Mower, were somewhat adequate and felt they, had credibility. He said the MMPC had
done a good job in presenting the 463-acre desirable prioritized wish list of areas 1 —11. He stated he agreed with
counsel that the Town had the resources to acquire the property, but he would have preferred to negotiate with the
master developer. He said that was not going to happen but preservation was important. He stated the peaks that lie
in area two were important but he reminded his colleagues and the public that additional funding would be necessary
and he hoped someone else had a funding source because he could prove that there would be no funding available
beyond this to acquire another acre of ground unless it could be found in grants or passage of a bond issue. He said
the money was not available out of the operating budget of the Town. He said $1 million had been budgeted for this
current fiscal year but beyond that it was not feasible to expect additional funds. Preservation of the 209 acres, as
important as it was, would be all that we have the resources to acquire unless the Town can obtain matching grants.
He said he would like to see the entire delineated area preserved but he did not know where the additional money
would come from. He said he would vote for this because it was the only pragmatic thing to do.
Councilwoman Hutcheson said she would also support this action. She had not been in favor of the prior proposal
and this offered the Town a good alternative step. It had been developed by legal staff and outside counsel. She said
she was comfortable with their professional opinion that this was a very good alternative and the way to go. She was
confident that this action would get the Town the kind of preserve that the public wanted as discussed from previous
meetings. As to what would happen in the future, she saw more land acquisitions with the Council addressing one
step at a time. Although no one could predict what other Councils would do in the future, she would take this action
cie at face value and support it 100%. She thanked all the professional staff who had worked on the project.
Town Council Regular Session 10/21/99
Page 9 of 14
He said staff would continue that policy. He was unable to tell them what staff's estimate of the land value was
because of the litigious nature. The value estimates and legal strategies were those shared with the Council in
,,, executive session. Mr. Farrell said he and the outside attorney Mr. Irwin, the Town Manager, and the Community
Development Director had spent a great deal of time discussing the acquisition of this parcel. The Town Manager
asked the Town Attorneys not to recommend this action to the Council if they did not feel the Town could acquire it
within our present funding sources. Mr. Farrell stated he was comfortable in recommending to the Council that the
land could be acquired within the present funding sources. He said although the question of additional funding from
the previous resolution had not answered about directing additional funds to be found or additional methods but the
attorneys felt comfortable with the resources on hand and would therefore recommend to the Council that they
unanimously adopt Resolution 1999-53.
Councilman Poma MOVED to approve Resolution 1999-53 as presented and Vice Mayor Apps SECONDED the
motion.
Councilman Mower pointed out the Council was considering the acquisition of 190 acres to be acquired along with
the 18.6 acres for a total of 208 acres. He reviewed that on July ls`, 1999 the Council had voted against acquiring
310 acres as part of the development agreement. He said that the 310 acres would have included all of the 208 acres
under consideration now with the exception of 30 acres (or approximately 10 lots) at a price of$20,000 per acre. He
said he would vote for the resolution and the emergency clause only because expedience now might cut the Town's
losses. But he could not forget this Council's unfortunate decision of last July.
Councilman Poma acknowledged he had been one who voted against the development agreement. He did not see
any losses and said the Town gained because now MCO could no longer rape the land and the Town had control of
how the land developed.
Councilman Wyman discussed the previous map and asked Director Valder to point out the western border of North
(kiir, Heights. He acknowledged that there would be homes built by the developer under the plan presented by the
MMPC. He confirmed that like Councilman Mower and Councilwoman Wiggishoff, he had voted in favor of the
development agreement. He said he had found it to be a difficult decision and as a former member of the MMPC he
had a great respect for the commission. He stated he was also the chairman of the committee that had raised the $6
million to acquire land so he said his preservation credentials, along with those of the father of the Mower
Amendment Councilman Mower, were somewhat adequate and felt they had credibility. He said the MMPC had
done a good job in presenting the 463-acre desirable prioritized wish list of areas 1 -11. He stated he agreed with
counsel that the Town had the resources to acquire the property, but he would have preferred to negotiate with the
master developer. He said that was not going to happen but preservation was important. He stated the peaks that lie
in area two were important but he reminded his colleagues and the public that additional funding would be necessary
and he hoped someone else had a funding source because he could prove that there would be no funding available
beyond this to acquire another acre of ground unless it could be found in grants or passage of a bond issue. He said
the money was not available out of the operating budget of the Town. He said $1 million had been budgeted for this
current fiscal year but beyond that it was not feasible to expect additional funds. Preservation of the 209 acres, as
important as it was, would net be all that we have the resources to acquire unless possible-unless the
Town col-get-can obtain matching grants. He said he would like to see the entire delineated area preserved but he
did not know where the additional money would come from. He said he would vote for this because it was the only
pragmatic thing to do.
Councilwoman Hutcheson said she would also support this action. She had not been in favor of the prior proposal
and this offered the Town a good alternative step. It had been developed by legal staff and outside counsel. She said
she was comfortable with their professional opinion that this was a very good alternative and the way to go. She was
confident that this action would get the Town the kind of preserve that the public wanted as discussed from previous
meetings. As to what would happen in the future, she saw more land acquisitions with the Council addressing one
step at a time. Although no one could predict what other Councils would do in the future, she would take this action
at face value and support it 100%. She thanked all the professional staff who had worked on the project.
Town Council Regular Session 10/21/99
Page 9 of 14
Councilman Mower reminded everyone that condemnation wasn't complete until the jury set the price and the Town
agreed to purchase the land. There was always the possibility that at some point the Town and MCO could start
talking again and see what could be developed and maybe save a great deal of litigation, grief, and continued
devisiveness in Town, which should have ended with the denial of the development agreement on July 15`. He asked
the Council to keep an open mind and listen to the possibility of opportunities to talk with MCO as this was the
Town's only salvation as he saw it, without a request to the public for a large sum of money in the form bonds.
Mayor Morgan stated the Town had not shut the door on conversations and negotiations with MCO contrary to what
some thought. She said a letter had been sent and that if there was a proposal, or negotiations, or offers they had
been directed to contact the Town Attorney and he would present them to the Council as a whole. There had never
been closed doors when all seven were involved.
Councilman Poma confirmed that since that letter had been sent, the Town had not received any proposals from
MCO. He suggested the two parties start talking and said the Council had to get talks going again.
Mark VanBoeckel, Cabrillo Drive
He said the Council must give staff the tools to accomplish the goals. He said with not knowing which path this
action would take with the two parties involved, and many things could happen. The Resolution would be
meaningless unless complete power was given to the Town staff to do whatever was necessary to get the job
accomplished in the best interests of the Town. He asked that staff be given the tools so their hands were not tied
and they could do what was best.
The motion CARRIED unanimously.
AGENDA ITEM#22 - CONSIDERATION OF ORDINANCE 99-30 TO AMEND ARTICLES III AND V OF
THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO CLARIFY THE
MAXIMUM STREET GRADE OF HILLSIDE LOCAL ROADS AND TO CLARIFY THE
METHODOLOGY BY WHICH "PRESERVATION REQUIREMENT" AND "DISTURBANCE
ALLOWANCE" ARE CALCULATED
Director Valder explained that three years ago the Council had approved the new subdivision code for the Town of
Fountain Hills. It included some unique and restrictive regulations on hillside disturbance. When drafted that code
contained concepts, which were explained to the committee that wrote it, to the Planning and Zoning Commission,
and to the Town Council regarding what exempted disturbances were. Over the past three years staff had several
applications that had come in where the net versus the gross methodology had been extensively talked about. One of
the prime reasons why the applicants on those projects requested the use and approval of a development agreement
was that they were proposing methods of calculating the allowable disturbance that were inconsistent with the
methodology. It was recently pointed out to staff by several attorneys, that it was the Town's responsibility to have
clear regulations that were unambiguous and it was for that reason that the Town staff was suggesting and proposing
that they make those regulations crystal clear regarding the methodology that would be used when calculating the
allowable hillside disturbance. This would also clarify some confusion regarding the maximum road slope for a
hillside roads. That language was provided to Council in the packet after the Planning and Zoning Commission
unanimously recommended Council approve of the amendment.
He said Councilman Mower had suggested additional language that would add some flexibility to the Council in
terms of allowing a project applicant to suggest an alternative method when calculating hillside disturbance. This
could be approved by the Council without a development agreement when the Council considered the approval of the
preliminary plat. That language was included on the cover memo, which was given to the Council prior to beginning
of the meeting and attached to the memo was a revised ordinance which included that language under page number 6
under item number 3. He said staff recommended approval of Ordinance 99-30.
Councilman Mower MOVED to approve the amendment to Ordinance 99-30 with the addition of the paragraph as
presented and Councilwoman Hutcheson SECONDED the motion.
Town Council Regular Session 10/21/99
Page 10 of 14
Councilman Poma asked Director Valder if staff agreed with the suggested change by Councilman Mower. Town
Manager Nordin responded yes. Councilman Poma asked how long had staff been working with Councilman Mower
on the language change since the Council had just received the language before the beginning of the meeting. Mr.
Nordin Stated Councilman Mower talked to him about the change the day before and staff had been working with
Councilman Mower over the last 24 hours to draft language that was in conformance with his concepts and his
intentions. He said staff had confirmed the language conformed to what he was trying to attain. He stated Director
Valder, Mr. Farrell, Mr. Irvine, and he had reviewed the language during the day and they had just finalized the
wording this afternoon. Staff concurred that there was no harm in the language that Councilman Mower was
suggesting and in fact it would allow an additional bit of flexibility. The applicant would have to submit the proposal
in strict conformance with the code and they could produce an alternative if the applicant so desired. There would be
compliance and yet there was the ability to recommend an alternative that Council would fully review at the time of
preliminary plat approval.
Edwin Key,Agate Knoll
He wanted the Council to ask staff to explain to the general public what the alternative opportunity would be. He
understood it was something about the net disturbance that was being dealt with. He was certain the public did not
know what the alternative proposal was and the public should know what the alternative was.
Mr. Farrell explained the question that the development community and the town seemed to have was if the hillside
calculations and disturbance calculations were on the entire property, including the roads or did the calculations start
on the acres after the exempt acres.
When the amendment was proposed, the Planning and Zoning philosophy had been that roads and exempt areas
should not be a gain on disturbance or a loss on disturbance. He said the suggested amendment by Councilman
Mower allowed the property owner, who had a legitimate interest in a plus or minus because of topography of the
property, to submit a second set of calculations that were not in strict adherence to the gross net definitions, without
the need for a development agreement at the preliminary plat stage. In essence, the Council would review two; one
in conformance with the ordinance and one with a different set of calculations. The underlying reason was why the
Council was being asked to exempt the properties from the disturbance calculations. This action would accomplish
two goals. It clarified what staff would tell the applicant at the counter and would put a non-obtrusive development
agreement alternative at the disposal of the property owner.
Hank Lickman, Vice President of MCO; Sunburst Dr.
He stated he would like to read over the amendment. He commended the MMPC for coming up with a detailed plan
for preservation goals. He said MCO was more than willing to sell to the Town or other entity all of the preservation
land that they would want to purchase. He said all MCO asked was to be treated like any other private property
owner and they would have fair and just compensation, and/or any severance damage should that occur. He said
MCO was not against working with the Council and the preservation groups to try to have a preserve. He said the
Council was fortunate to only have to work with one landowner. He addressed the issue of the letter sent to MCO by
the Council. He said MCO felt any offer should be presented to all of the Council at one time. He said had MCO
responded two weeks ago, he would have been concerned as to what would have happened to the offer. It would
have been meaningless. Numerous paper articles had been recently written which had confusing messages. He said
he would address the relationship between the Town and the master developer later.
Vice Mayor Apps asked for clarification from the Town Attorney that it was a privilege and not a right that the public
addressed the Council and that he was not bound to listen to statements made. Mr. Farrell agreed.
Paul Gilbert, Attorney for MCO
He said MCO was opposed to the adoption of the ordinance. He stated MCO was the primary property owner that
the ordinance would effect and yet there had been no discussion with them, despite the fact they had been meeting
ijoile with staff to process two plats. He stated that the only time he had heard about the ordinance was one week and one
day ago, when the Town Attorney had given him a copy at another meeting they had both attended. Up to that point
MCO did not know the Council was considering this ordinance. He said MCO was not given the opportunity to give
Town Council Regular Session 10/21/99
Page 11 of 14
Council any input into this ordinance. He stated the Council was not following the normal procedure as in the past.
He said the public had not been given the opportunity to understand, comment, or have knowledge of the ordinance.
He said the amendment might make them a little less exercised, but he had not seen it yet. He said MCO saw a clear
motive to direct the ordinance at MCO and even though they were the most affected, they had not been notified. He
said it was not fair and it did not follow due process and therefore MCO objected. He said MCO had reservations
and was not sure if the ordinance was legal. The theory seemed to be that the more the Town slapped MCO around,
the better affect the Town would have negotiating with them and it won't work. He said this was a time of
significant challenges that require give and take on both sides. He said MCO would vigorously take whatever actions
they deemed appropriate to protect their rights.
Mark VanBoeckel, Cabrillo Dr.
He did not understand MCO complaining about not having enough time before Planning and Zoning. He asked if
this was the same MCO that handed Planning and Zoning a development agreement (over 100 pages long) 40
minutes before they were asked to make the decision on it.
John McNeil, 15533 E Thistle Dr.
He said it was a matter of perspective on how this issue was viewed. At the time when the Firerock proposal had
been before the Council, MCO was the beneficiary of some favorable interpretations of the Towns ordinances. This
ordinance was merely a clarification of the way staff applied the ordinance. He did not understand how MCO could
claim to be surprised or to be compromised by the action taken by the Town tonight.
Councilman Wyman agreed with the last two speakers. But he acknowledged that the Town was a culprit too when
the Council allowed the Planning and Zoning Commission 40 minutes notice to review over a 100-page document.
He said at that time there were people in the public and on the Planning and Zoning Commission who had been
outraged at that and he had sided with them at that time. He asked if the Council was guilty of the same thing and
asked if it was acceptable now to do the same thing. He said the ordinances had been around for quite awhile and in
(kir, his judgment, were pointed at the major developer. He said the Council had not been given the time to fully
understand the ordinance and he was uncomfortable with this ordinance because he did not feel MCO should be
treated any differently than other property owners. He said Councilman Mower had proposed an amendment to the
ordinance that he could feel comfortable with. He said he would have asked the item be continued if he thought he
could get a second on the motion, but he already knew he would not. He wanted the public to know he was
concerned that a property owner would be treated like this.
Councilman Poma stated there had been difficulties and felt staff had worked with MCO. He stated the ordinance
was not changing anything.
Leesa Fraverd,Chairwoman of the Planning and Zoning Commission; Cavern Drive
She confirmed Planning and Zoning had not received the ordinance until late Thursday afternoon, but this had been
initiated this over a year ago. There had been a long discussion with the developer at that time about it and discussed
it regarding Firerock, Sivage-Thomas, and the other lakeside project. She did not understand why MCO thought this
ordinance was a surprise. She asked why,since it didn't affect the two remaining plats, were they so vigorously
opposing it. She explained Planning and Zoning had not been in the dark about this and had wished it had come
about earlier,but this was the timing for it.
Councilman Poma said it was an unfair statement to say the Council was picking on MCO. He said it was too bad
that MCO was the last landowner. He said anything that the Council did would appear to be picking on MCO and in
reality the Council was doing what was best for the Town.
Councilman Wyman inquired why he didn't see the points made by Chairman Fraverd in the documents. Director
Valder stated what she was referring to was referenced back in March of 1998 when the Planning and Zoning
Commission initiated an amendment to the code that contained 90% of what the Council was considering. It had the
table on how to calculate according to the methodology and most of the footnotes and a couple of things that weren't
in what the Planning and Zoning Commission had looked at, which include the change proposed and a couple of
other things. He explained this amendment was a clarification.
Town Council Regular Session 10/21/99
Page 12 of 14
Councilman Wyman asked staff to point out in the future, for the benefit of the newer Councilmembers, when there
has been previous work done on an issue for a year or more, as he was concerned about the fairness issue.
Mr.Farrell clarified the perceived lack of proper notice. He said this was a subdivision amendment text, not a zoning
code amendment. It did not require a posting notice or a property mail notice it to all property owners within 300
feet. The traditional notice was when the agenda would come out a week before the meeting. As a courtesy,
previous Councils had directed staff to send text amendments to the subdivision ordinance to the Planning and
Zoning Commission. He said this Council could take that benefit away from them if they wanted to. He explained it
was the Council (seven members) who controlled the subdivision ordinance. He explained the Town never amends
the code of the Town by mailing out notices or posting property. The clarification was constantly before the Council
and pointed out they might not remember seeing these, but all of the examples mentioned starting with Firerock had
been a gross versus net debate. He stated things languished while the negotiations were going on between the
development community and the Town. A number of things the Council were reviewing could be contributed to a
motive that was less than honorable, but staff catches up with those items which need attention and this was one of
those items and it was now before the Council. He affirmed Councilman Poma's statement that MCO owned all of
the vacant land and therefore every regulation would impact or benefit the master developer.
Councilman Wyman stated he would not change a thing for Planning and Zoning in that regard. He said that this was
a sensitive area and hoped that the staff and Council would move in a sensitive way. He said that perception was
reality and hoped they would go outside the bounds of strict legality on a thing like this since the Council didn't want
to convey the impression to the public that the Council was not being fair.
Councilman Mower said the reason this came about was that Mr. Gilbert, the attorney for MCO, said the subdivision
ordinance was somewhat ambiguous.
•
Director Valder stated the nature of the language had been in dispute for several years. In March of 1998, the Town
Attorney told the previous Community Development Director Gary Jeppson and him that it was the Town's
responsibility to make the Town's regulations clear. That was reaffirmed to staff by MCO's attorney statement that
the codes were not clear and could be interpreted in many ways. As he had reaffirmed our Town Attorney's position
that it was the Town's responsibility to have clear codes, he took that as a reminder to address the issue.
The motion CARRIED unanimously.
AGENDA ITEM#23-CALL TO THE PUBLIC
Mark VanBoeckel,Cabrillo Drive
He commended Bill Farrell for his successful litigation for Apache Junction in a landmark case assuring that the
developers would be paying impact fees to build schools in Apache Junction. He wished Mr.Farrell was doing that now
for Fountain Hills. He said there was a school bond coming up at the next election and he would be voting for it but
would have preferred to have the developer pay for the schools. He asked the Council to consider this request.
Arnold Van Rutenbeck,St. Thomas Place
He said he had always been impressed with the goodwill between the Town and MCO. He was confident MCO would
make Eagles Nest beautiful but he was disturbed, disappointed, and appalled with the atmosphere at this meeting. He
said the MCO people were the same but the Council was different. He asked why over the last year but especially at this
meeting there couldn't be the same cooperation that made it so great here in Fountain Hills. He asked why was there
animosity. He said there must be a way for reasonable people to come together. He said he never saw anyone get ahead
in the corporate world through lawsuits. He said talking things out was much better than confrontation. He said the
Council was on the wrong track and urged them to start talking with MCO.
tkirre
Town Council Regular Session 10/21/99
Page 13 of 14
Jane Bell,9655 Burkemo
She asked the Council to clarify the rumor that the town of Fountain Hills was talking to the Barclay Group and would
give to them$1 million to help build the infrastructure that would be required. She hoped the Council would look into
the rumor and let the public know so there could be an understanding of this.
Edwin Key,Agate Knoll
He commended the Council on the actions taken and said they were moving in the direction that the vast majority of
people in this community wanted. He hoped they would keep the faith and keep up the good work. He was concerned
about the animosity among the Councilmembers and asked them to work toward the common good of the community.
AGENDA ITEM#24-ADJOURNMENT.
Councilman Mower MOVED to adjourn the meeting. Vice Mayor Apps SECONDED the motion, which CARRIED
unanimously. Mayor Morgan adjourned the meeting at 8:41 p.m.
TOWN OF FOUNTAIN HILLS
By.
Sharon Morgan,May r
A F1'hST: etitieLLA:>-,6
Cassie B.Hansen,Town Clerk
PREPARED BY:/ ' / , .."
Bev Bender,Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 20 day of October 1999. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 4th day of November 1999. (Va \b
Cassie B.Hansen,Town Clerk
Town Council Regular Session 10/21/99
Page 14 of 14